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(영문) 서울중앙지방법원 2012.06.01 2011가합113597
공사대금
Text

1. The Defendant: (a) KRW 5,921,271,016 for the Plaintiff; and (b) KRW 6% per annum from December 11, 2010 to June 1, 2012 for the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are the owners of five sections of apartment construction works in Daegu-do (hereinafter “instant construction”) and the non-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-based construction (hereinafter “

The Plaintiff is a person who issues a performance bond with the Defendant as a guarantee creditor with respect to the instant construction work.

B. (1) On August 27, 2007, the Defendant (referring to the Korea National Housing Corporation before being merged with the Defendant under the Korea Land and Housing Corporation Act; hereinafter the same shall apply) entered into a contract for construction work (hereinafter referred to as the “construction contract in this case”) with the joint supply and demand organization consisting of 33,740,000 won (this case’s contract amount was settled as 36,043,922,584 won) regarding the instant construction work, with the contract amount of 33,740,000 won (this case’s construction work was completed at 36,043,92,584 won) and the completion date on October 31, 2009 (construction and machinery), and 1/1000 of the contract amount for liquidated damages (hereinafter referred to as the “construction contract in this case”).

The instant construction contract includes the special conditions of the construction contract (established Accounting Rules of June 14, 2007) and the general conditions of the construction contract (established Accounting Rules of March 5, 2007) as contract documents.

(2) On August 27, 2007, the Plaintiff entered into a performance guarantee contract with the Defendant, the guaranteed creditor, the guaranteed amount of 16,870,000,000,000 won, and the guarantee period from August 27, 2007 to November 30, 2009 (hereinafter “instant performance guarantee contract”), and Article 1 (Guarantee Liability) (1) The Construction Mutual Aid Association (hereinafter “Association”) (hereinafter “Corporation”) fails to perform the contractual obligations under the front construction contract (hereinafter “principal contract”) with the contractor (hereinafter “debtor”).

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